MEMORANDUM

TO:               ALL DEPUTY DISTRICT ATTORNEYS

FROM:         STEVE COOLEY, District Attorney

SUBJECT: SPECIAL DIRECTIVE 03-03
                      REVIEW OF P.C. SECTION 803(g) CASES

DATE:         JUNE 30, 2003

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MEMORANDUM

Pursuant to Stogner v. California (June 26, 2003, No. 01-1757) _____U.S. _____[2003 WL 21467073], this office immediately commenced an effort to retrieve and review all affected cases whether pending or completed. Today we issued Special Directive 03-03. Attached is a copy of an Attorney General letter describing the import of Stogner. It is consistent with our analysis and provides some additional information.

You are encouraged to provide to your head deputy or the head deputy’s designee any information that may be helpful in identifying any impacted case. The case may involve not only P.C. 803(g) but also P.C. 803(f) and (h).

In consultation with the head deputy of the Sex Crimes Division and Branch VIP coordinators, we have begun to identify each case to determine the appropriate response depending on its procedural stage. Please note all habeas corpus petitions should be referred to the HABLIT unit of the Appellate Division. Your immediate cooperation in this important effort is appreciated.

vc

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